2023 – Federal Register Recent Federal Regulation Documents

The Coast Guard is establishing a temporary safety zone for all navigable waters in the Illinois River between Mile Marker (MM) 165.2 to 166.3. The safety zone is needed to protect personnel, vessels, and the marine environment from all potential hazards associated with the McClugage Bridge arch installation. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Sector Upper Mississippi River or a designated representative.

This regulation extends time-limited tolerances for residues of kasugamycin in or on almond and almond, hulls as identified in this document. This action is in response to EPA's granting of an emergency exemption under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of this pesticide. In addition, the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time- limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA. Further, EPA issued a final rule in the Federal Register of November 3, 2023, that extended time-limited tolerances for multiple chemicals on various commodities in response to EPA's granting of emergency exemptions. EPA inadvertently omitted the detailed instructions for the revision of the tolerances for kasugamycin. Therefore, EPA is issuing this final rule to rectify this omission.

The Department of Energy (DOE or Department) proposes to revise its regulations regarding records maintained on individuals under the Privacy Act. The revisions would clarify and update procedural requirements pertaining to the inclusion of a Social Security Number (SSN) on documents that the Department sends by mail. These revisions are necessary to implement the SSN Fraud Prevention Act of 2017's restriction on the inclusion of SSNs on documents sent by mail by the Federal Government. Additionally, the Department proposes to maintain a publicly available list authorizing certain designated documents to include SSNs if: inclusion is necessary; and the documents are requested by individuals outside DOE or other Federal agencies. This Notice of Proposed Rulemaking (NOPR) seeks comment on this proposal.

The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model EMB-135BJ airplanes. This AD was prompted by reports of missing sealant on the rivets installed in the interface between rib 3 and the wing skin. This AD requires applying sealant on the rivets installed in the interface between rib 3 and wing skin, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.

This action proposes to modify the Class E airspace extending upward from 700 feet above the surface and remove the Class E airspace extending upward from 1,200 feet above the surface at Klawock Airport, Klawock, AK. Additionally, this action proposes administrative amendments to update the airport's existing Class E airspace legal description. These actions would support the safety and management of instrument flight rules (IFR) operations at the airport.

This action corrects a typographic error in the final rule published in the Federal Register on November 28, 2023, making an administrative change to rename restricted areas R-5311A, R-5311B, and R-5311C, Fort Bragg, NC, and updating the using agency description to reflect the change. Additionally, geographic coordinate technical amendments for two boundary points listed in the restricted areas were made to accurately align the existing boundary with the Little River referenced in the descriptions.

This action proposes to establish three and amend three United States Area Navigation (RNAV) T-routes in the eastern United States. This action supports Next Generation Air Transportation System (NextGen) which provides a modern RNAV route structure to improve the efficiency of the National Airspace System (NAS).

The Environmental Protection Agency (EPA) is approving revisions to the volatile organic compound (VOC) rules contained in the Indiana State Implementation Plan (SIP). The Indiana Department of Environmental Management (Indiana) modified its rules to allow the use of a VOC control device for cold cleaning degreasing operations as a compliance option to using low vapor pressure solvent for cleaning or degreasing machine parts. Rule language was also updated for clarity and consistency. EPA proposed to approve this action on August 30, 2023, and received no adverse comments.

The FAA is adopting a new airworthiness directive (AD) for all Viking Air Limited (type certificate previously held by Bombardier Inc. and de Havilland, Inc.) (Viking) Model DHC-3 airplanes. This AD was prompted by a report of cracking in the left-hand side (LHS) and right- hand side (RHS) lower engine mount pickup fittings. This AD requires a one-time inspection of the affected parts for cracking, deformation, corrosion, fretting or wear, paint or surface coating damage, and loose, missing, or broken fasteners, and applicable corrective actions. This AD also requires reporting the inspection results. The FAA is issuing this AD to address the unsafe condition on these products.

In this document, the Federal Communications Commission (Commission) adopts rules for commercial mobile service providers that have elected to participate in the Wireless Emergency Alert system (WEA) (Participating CMS Providers) to support WEA messages in the 13 most commonly spoken languages in the U.S. as well as English and American Sign Language. Participating CMS Providers are to support this expanded multilingual alerting by enabling mobile devices to display message templates that will be pre-installed and stored on the mobile device. The Commission also directs its Public Safety and Homeland Security Bureau to seek comment on various implementation details of the multilingual alerting requirements and future expansion to additional languages. In addition, to help personalize emergency alerts, the Commission requires participating wireless providers to support the inclusion of maps in WEA messages that show the alert recipient's location relative to the geographic area where the emergency is occurring, and establishes a Commission-hosted database to provide the public with easy-to-access information on WEA availability. Wireless providers will be required to supply information on whether they participate in WEA and, if so, the extent of WEA availability in their service area and on the mobile devices that they sell. Last, to support more effective WEA performance and public awareness, the amended rules enable alerting authorities to send two local WEA tests per year that the public receives by default, provided that the alerting authority takes steps to ensure that the public is aware that the test is, in fact, only a test.

The Securities and Exchange Commission (``SEC'' or ``Commission'') is adopting a set of rules and forms under the Securities Exchange Act of 1934 (``SEA'') that would create a regime for the registration and regulation of security-based swap execution facilities (``SBSEFs'') and address other issues relating to security- based swap (``SBS'') execution generally. One of the rules being adopted implements an element of the Dodd-Frank Act that is intended to mitigate conflicts of interest at SBSEFs and national securities exchanges that trade SBS (``SBS exchanges''). Other rules being adopted address the cross-border application of the SEA's trading venue registration requirements and the trade execution requirement for SBS. In addition, the Commission is amending an existing rule to exempt, from the SEA definition of ``exchange,'' certain registered clearing agencies, as well as registered SBSEFs that provide a market place only for SBS. The Commission is also adopting a new rule that, while affirming that an SBSEF would be a broker under the SEA, exempts a registered SBSEF from certain broker requirements. Further, the Commission is adopting certain new rules and amendments to its Rules of Practice to allow persons who are aggrieved by certain actions by an SBSEF to apply for review by the Commission. Finally, the Commission is delegating new authority to the Director of the Division of Trading and Markets and to the General Counsel to take actions necessary to carry out the rules being adopted.

This document contains proposed regulations to implement the advanced manufacturing production credit established by the Inflation Reduction Act of 2022 to incentivize the production of eligible components within the United States. Eligible components include certain solar energy components, wind energy components, inverters, qualifying battery components, and applicable critical minerals. The proposed regulations would affect eligible taxpayers who produce and sell eligible components and intend to claim the benefit of an advanced manufacturing production credit, including by making elective payment or credit transfer elections. This document also provides notice of a public hearing on the proposed regulations.

NMFS announces that the State of North Carolina is transferring a portion of its 2023 commercial summer flounder quota to the Commonwealth of Virginia. This adjustment to the 2023 fishing year quota is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised 2023 commercial quotas for North Carolina and Virginia.

On September 2, 2022, the U.S. Department of Energy (DOE or the Department) published a notice of proposed rulemaking (NOPR) for public comment in which it proposed to amend its current worker safety and health program regulation. In this final rule, DOE is adopting the amendments proposed in the NOPR without change. The amendments make corrections to the worker safety and health program regulation requirements related to beryllium and beryllium compounds for purposes of accuracy and consistency with DOE's Chronic Beryllium Disease Prevention Program regulation and clarify that DOE did not intend to adopt the 2016 American Conference of Governmental Industrial Hygienists threshold limit value for beryllium and beryllium compounds. In addition, in this final rule DOE is correcting minor typographical errors identified in the regulation.

The FAA is adopting a new airworthiness directive (AD) for all Diamond Aircraft Industries Inc. Model DA 62 airplanes. This AD was prompted by reports of baggage nets installed with defective buckles, which may result in failure of the baggage net to restrain the baggage or cargo, which could lead to injury to the occupants in the case of an emergency landing. This AD requires identifying and replacing the affected part. The FAA is issuing this AD to address the unsafe condition on these products.

This action amends Class D airspace, Class E airspace designated as an extension to a Class D surface area, and Class E airspace extending upward from 700 feet above the surface for Arnold Palmer Regional Airport, Latrobe, Pennsylvania, by making editorial changes to the airspace legal descriptions. This action does not change the airspace boundaries or operating requirements.

The Coast Guard will enforce a safety zone for the Crescent City Countdown Club/New Year's Celebration fireworks display, from 11:30 p.m. on December 31, 2023, through 12:30 a.m. on January 1, 2024, to provide for the safety of life on the navigable waterways during this event. Our regulation for annual fireworks displays and other events in the Eighth Coast Guard District identifies this safety zone on the Mississippi River mile marker (MM) 93.5-96.5, New Orleans, LA. During the enforcement period, entry into this zone is prohibited unless authorized by the Captain of the Port or a designated representative.

The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of January 16, 2024, for the direct final rule that was published in the Federal Register on October 30, 2023. This direct final rule amended its spent fuel storage regulations by revising the Holtec International HI-STORM 100 Cask System listing within the ``List of approved spent fuel storage casks'' to include Renewed Amendment No. 17 to Certificate of Compliance No. 1014.

The Food and Drug Administration (FDA or we) is announcing the availability of a draft guidance for industry entitled ``Menu Labeling: Supplemental Guidance for Industry (Edition 2).'' The draft guidance, when finalized, will update the existing guidance to add new questions and answers to address voluntary declaration of added sugars and voluntary declaration of nutrition information for menus on third-party platforms.

The Environmental Protection Agency (EPA or ``Agency'') is taking final action to approve portions of state implementation plan (SIP) revisions submitted by the State of California to meet Clean Air Act (CAA or ``Act'') requirements for the 1997 annual fine particulate matter (PM2.5) national ambient air quality standards (NAAQS or ``standards'') in the San Joaquin Valley PM2.5 nonattainment area. Specifically, the EPA is approving those portions of the submitted SIP revisions as they pertain to the Serious nonattainment area and CAA section 189(d) requirements for the 1997 annual PM2.5 NAAQS, except for the requirement for contingency measures which will be addressed in a separate rulemaking. In addition, the EPA is approving the 2020 and 2023 motor vehicle emissions budgets and the trading mechanism for use in transportation conformity analyses for the 1997 annual PM2.5 NAAQS.

A final rule was published in the Federal Register on July 24, 2023, amending Class E airspace extending upward from 700 feet above the surface for Polk County Airport/Cornelius Moore Field, Cedartown, Georgia. This action corrects the title of the amendment to associate the airspace with Georgia.

In this document, the Federal Communications Commission adopted a Further Notice of Proposed Rulemaking (FNPRM) that seeks comment on whether to harmonize the existing requirements governing customer access to Customer Proprietary Network Information (CPNI) with the new Subscriber Identity Module (SIM) change authentication and protection measures that the Commission adopted; whether limitations on employee access to CPNI prior to customer authentication should be extended to all telecommunications carriers; what steps the Commission can take to harmonize government efforts to address SIM swap and port- out fraud; and how providers should notify customers of failed authentication attempts.

This rule finalizes provisions of a proposed rule published on June 27, 2022. With this final rule, the Food and Nutrition Service (FNS) is revising Supplemental Nutrition Assistance Program (SNAP) regulations that cover collecting and reporting race and ethnicity data by State agencies on persons receiving benefits from SNAP. This rule removes regulatory language that provides an example that State agencies might collect race and ethnicity data by observation (also referred to as ``visual observation'') when participants do not voluntarily provide the information on the application form. In addition, based on feedback from the commenters, this rule prohibits using visual observation as a data collection method for race and ethnicity. Through this rulemaking, FNS intends to improve the quality of data collected for purposes of Federal civil rights law and policy including title VI of the Civil Rights Act of 1964. USDA's Food and Nutrition Service is committed to promoting equity and inclusion through its Federal nutrition assistance programs. This regulatory change is consistent with this Administration's priorities and furthers FNS' commitment to building equitable and inclusive systems for nutrition access.

The Coast Guard proposes amending and updating its special local regulations for recurring marine parades, regattas, and other events that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). This proposed rulemaking would update the current list of recurring special local regulations with revisions, additions, and removals of events that no longer take place in the Sector Ohio Valley AOR. We invite your comments on this proposed rulemaking.

The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove a Clean Air Act (CAA) State Plan submitted by the Spokane Regional Clean Air Agency (SRCAA). This State Plan establishes emission limits for existing large municipal waste combustors (MWC) and provides for the implementation and enforcement of these limits. SRCAA submitted this State Plan to fulfill its requirements under the CAA in response to the EPA's promulgation of Emissions Guidelines and Compliance Times for Large MWC Constructed on or before September 20, 1994 (Emission Guidelines). The EPA is partially approving the State Plan because it meets the requirements of the Emission Guidelines for existing large MWC known to operate in Spokane County, Washington. The EPA is partially disapproving the State Plan because it omits requirements for fluidized bed combustors and air curtain incinerators, which are required elements of a State Plan.